Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010091392025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1009/2025 MAJEDA KHATUN AND ORS W/O- TAYEBUR RAHMAN @ TAYEB ALI, R/O- PACHIM PADOKHAT, P.S- DHULA, DIST.-DARRANG, ASSAM 2: MUAZZAM ANSAR @ MAJAM ALI S/O- TAYEBUR RAHMAN @ TAYEB ALI
R/O- PACHIM PADOKHAT
P.S- DHULA
DIST.-DARRANG ASSAM 3: MAFIZUR RAHMAN @ MAFIZ ALI S/O- TAYEBUR RAHMAN @ TAYEB ALI
R/O- PACHIM PADOKHAT
P.S- DHULA
DIST.-DARRANG ASSAM 4: AZIZUL @ AIJAL S/O- SAIFUL SHEIKH
R/O- PACHIM PADOKHAT
P.S- DHULA
DIST.-DARRANG
Page No.# 2/3 ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 29.05.2025
Heard Mr. H R A Choudhury, learned senior counsel, appearing for the petitioners, assisted by Ms. R. Deka, Advocate. Also heard Ms. N. Das, learned Additional Public Prosecutor, Assam. The learned Additional Public Prosecutor has submitted that the Case Diary has not been received. Considering the submissions made by the learned counsel for both the sides, this court is of the opinion that for consideration of the bail prayer, perusal of case diary is not necessary. This is an application filed under Section 482 of the BNSS, 2023 by the petitioners, namely, (1) Majeda Khatun; (2) Muazzam Ansar @ Majam Ali; (3) Mafizur Rahman @ Mafiz Ali; and (4) Azizul @ Aijal praying for pre-arrest bail in connection with Dhula P.S. Case No. 195/2024. A hen and the chicks belonging to the informant were allegedly detained by the petitioners. On that issue, both sides had a quarrel which turned violent. It is alleged that in that quarrel sharp weapons were also used. The case records reveal that the quarrel took place between close family members. The informant is the husband of the sister of the accused no. 1. It appears from the record that these people are already involved in some land disputes also. Considering the aforesaid facts, this court is of the opinion that the present petitioners do
Page No.# 3/3 not deserve to be detained in custody for the allegations brought against them. Therefore, their prayer for pre-arrest bail is allowed.
Accordingly, it is hereby directed that in the event of arrest of the petitioners, namely, (1) Majeda Khatun; (2) Muazzam Ansar @ Majam Ali; (3) Mafizur Rahman @ Mafiz Ali; and (4) Azizul @ Aijal in connection with Dhula P.S. Case No. 195/2024, the arresting authority shall release them on bail of Rs.20,000/- each with one surety of like amount to the satisfaction of the arresting authority. Bail application is disposed of. JUDGE Comparing Assistant